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Trade Terms
These are the standard terms of trade for the supply of the Airlie Beach Computers goods and services offered from time to time by Airlie Beach Computers. These terms apply to you as a receiver/user of the Goods and Service ("Client" or "you"). Please read these terms of trade carefully. It is a condition of your receipt/use of the Goods and Service that you comply with these terms of trade.
1. Terms & Amendments
2. Copyright
3. Service
4. Ownership
5. Payment
6. Suitability
7. Interest
8. LIEN
9. Warranties & Liabilities
10. Suspension & Termination
11. Force Majeure
12. Miscellaneous
1. Terms & Amendments
1.1 These are the terms upon which we agree to provide the Goods or Service to the Client. The agreement made between us with these terms commences with your acceptance of any Goods or Services provided by Airlie Beach Computers or the acceptance of an Airlie Beach Computers quotation or the official client order to proceed or a verbal instruction to proceed by the client or his agent shall be an acceptance of these terms and conditions.
1.2 We may vary these terms, the amount we charge for any Service or Goods, or the terms of the operation of the Service or Goods, at any time. The changes will become effective immediately.
1.3 If you use our Services or purchase Goods after the amendment, your use and/or purchase will constitute an acceptance of the amended terms, and you should therefore periodically visit this page to determine the then current version of the Trade Terms to which you are bound.
1.4 These terms constitute the agreement in its entirety and supersede prior agreements.
1.5 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Airlie Beach Computers discretion. The terms of a promotion will override these terms to the extent of any inconsistency.
2. Copyright
The copyright in this website is owned by Airlie Beach Computers, its agents and/or professional advisors. No part or parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Airlie Beach Computers or the copyright owner provided that permission is granted to download and print the materials on this website for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without Airlie Beach Computers permission, "mirror" any material contained on this website on any other server.
Where the Client orders the reproduction of any drawing, photograph or any other work which may properly form the matter of copyright protection the Client warrants that they have acquired all legal rights in the works which they require to be reproduced and undertakes to indemnify Airlie Beach Computers in respect of any liability for copyright infringement consequence upon such reproductions.
3. Goods & Services
3.1 The Goods and Services are provided by Airlie Beach Computers from 29 Airlie Crescent, Airlie Beach, QLD. Airlie Beach Computers will determine in its absolute discretion from time to time the location from which your Goods and Services are provided.
3.2 In contracting with Airlie Beach Computers for the Goods and Services, the Client obtains no rights to the hardware and other infrastructure and facilities used by Airlie Beach Computers to deliver the Goods and Services.
3.3 In the absence of any additional written agreement, these terms and conditions (as varied from time to time) will apply to any further Goods and Services you acquire from Airlie Beach Computers.
4. Ownership
4.1 Airlie Beach Computers original designs remain the exclusive property of Airlie Beach Computers and may only be reproduced with the consent of Airlie Beach Computers.
4.2 Sketches and dummies submitted by Airlie Beach Computers to the Client on a speculative basis shall remain the property of Airlie Beach Computers.
4.3 All working material used in the manufacture of the final product supplied to the Client as per specification shall remain the property of Airlie Beach Computers.
4.4 Until such time that the Goods, supplied by Airlie Beach Computers to the Client, have been paid in full;
(a) Property of the goods remains with Airlie Beach Computers and the Client agrees to hold the Goods as bailee for Airlie Beach Computers and to indemnify them absolutely against loss of or damage to the Goods howsoever caused.
(b) Airlie Beach Computers may at any time terminate any contract relating to the Goods and the bailment without notice to the Client and may thereupon take possession of the Goods.
(c) The Client authorises Airlie Beach Computers by its servants or agents to enter any premises owned, leased, or otherwise occupied by the Client and use reasonable force to obtain such possession, and;
(d) If the Goods are sold by the Client, they acknowledge that such sale is made by them as bailee for and on behalf of Airlie Beach Computers and agrees to hold the proceeds of sale in trust for Airlie Beach Computers.
4.5 The trade marks, service marks, and logos (the "Trade Marks") used and displayed on this website are registered and unregistered Trade Marks of Airlie Beach Computers and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on this website, without the written permission of Airlie Beach Computers or other Trade Mark owner. Airlie Beach Computers aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Airlie Beach Computers or the Airlie Beach Computers logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written permission. Airlie Beach Computers prohibits use of the Airlie Beach Computers logo as a "hot" link to any Airlie Beach Computers site unless establishment of such a link is approved in advance by Airlie Beach Computers in writing.
5. Payment
5.1 You must pay for the Goods as notified to you by Airlie Beach Computers in accordance with the prices in force for the Goods at the time of purchase.
5.2 You must pay all Service time charges, minimum charges and other amounts incurred by you or any designated representatives as notified to you by Airlie Beach Computers in accordance with the prices in force for the Services at the time of commencement.
5.3 Prices published on our website are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any insurance and freight.
5.4 In addition you must provide and pay for:-
all government taxes, duties and levies (if any) imposed on either you or us in respect of the Goods and Services supplied.
5.5 You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges.
5.6 Payment for Web Page Design/Generation incurs a 25% deposit of total quoted cost (large packages and services will incur progress payments) and the balance must be paid in full on completion of work. All work or services associated with above will remain the property of Airlie Beach Computers until full payment is received.
(a) A proof will be made available for the purpose of visually accessing the specifications and accuracy of the electronic data.
(b) All Client generated changes will incur additional charges.
(c) In the event of material for reproduction not coming to hand from the Client or his agent at the specified time, Airlie Beach Computers reserves the right to extend the requested delivery time.
5.7 You consent to us obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of overdue payments.
5.8 Payment for the Goods and Services will be made by credit card (Visa, MasterCard, Bank Card), eftpos, electronic funds transfer, money order, cheque or some other prearranged payment method unless credit terms have been agreed to by Airlie Beach Computers.
6. Suitability
6.1 Where goods or services are provided or work is done in accordance with the client's order no warranty, except those provided by statute and which cannot be excluded is given or shall be given that the goods or services are suitable in size, shape, capacity, quality or otherwise for the purpose for which the goods or services are bought.
6.2 If Airlie Beach Computers makes available or offers to make available to the client for approval or correction an on-line proof which Airlie Beach Computers is to deliver to the client, and the Client fails to give such approval, make corrections or accept the offer prior to the time stipulated for delivery, the Client shall be liable for any direct or consequential loss sustained due to error.
7. Interest
The Client agrees to pay interest on all past-due sums at the highest rate allowed by law, unless a prior arrangement has been agreed to in writing by Airlie Beach Computers.
8. LIEN
Airlie Beach Computers shall in respect of all unpaid debts due from the Client have a lien on all goods and property in his possession to the extent allowed by law. Airlie Beach Computers shall have the right of disposal of the goods and property subject to the provisions of any State Act or Territory Ordinance provided he has complied with that Act or Ordinance.
9. Warranties & Liabilities
9.1 We do not warrant that:-
(a) the services provided under this agreement will be uninterrupted or error free;
(b) the services will meet your requirements, other than as expressly set out in this agreement; or
(c) the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Airlie Beach Computers.
9.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the resupply of the Services again; or refund for the Services supplied.
9.3 Except as provided under clause 9.2, none of Airlie Beach Computers, its subsidiaries, officers, directors, employees, partners or suppliers will be liable to you or any third party for:-
(a) any special, punitive, incidental, indirect or consequential damages of any kind;
(b) any damages whatsoever, including, without limitation, those resulting from:
(i) loss of use, data or profits, on any theory of liability, arising out of or in connection with the use of or the inability to use our Services;
(ii) the statements or actions of any employee or agent of Airlie Beach Computers;
(iii) any unauthorised access to or alteration of your website, transmissions or data;
(iv) any information that is sent or received or not sent or received;
(v) any failure to store or loss of data, files or other content;
(vi) your fraudulent, negligent or otherwise unlawful behaviour;
(vii) information, data or other material provided to Airlie Beach Computers by you or on your behalf; or any Services that are delayed or interrupted.
9.4 You warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
you will keep secure any passwords used to access our web site.
9.5 You agree to abide by our Returns Policy and our Privacy Policy and you agree that the terms of those two policies form part of this agreement between you and Airlie Beach Computers.
9.6 Except as provided in clause 9.2. we are not liable to you or any other person for:-
(a) cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying our Goods and Services;
(b) the content, context or confidentiality of any communications made using our Goods and Services;
(c) loss or damage caused by third party software applications forming part of our Services.
9.7 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
(a) your breach of these terms;
(b) your use or misuse of our Services;
(c) the use or misuse of our Services by any person using your account.
10. Suspension & Termination
10.1 We may from time to time without notice suspend our Services or deny your access to our Services:-
(a) during any technical failure, modification or maintenance involved in our Services provided that we will use reasonable endeavours to procure the resumption of our Services as soon as reasonably practicable; or
(b) if you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of our Services, until the breach (if capable of remedy) is remedied.
10.2 Airlie Beach Computers may without notice to you remove, amend or alter your data upon being made aware of:-
(a) any claim or allegation; or
(b) any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.
10.3 We may end our agreement with you and cease providing Services for any reason, without notice to you. You may close your account with Airlie Beach Computers at any time.
10.4 If your account is closed you must pay all outstanding charges immediately and we may delete all Client Data from any storage media.
10.5 In the event of orders being cancelled by you, you will compensate Airlie Beach Computers for all work done and material used or specially procured or organised to the date of cancellation.
10.6 The suspension by the Client of any work in progress for any reason whatsoever shall entitle Airlie Beach Computers to payment in full for the portion of the work completed and material used or specifically procured at the date of suspension.
11. Force Majeure
Contracts and deliveries may be suspended in the event of any storm, tempest, riot, civil disturbance, Act of God, war, terrorism, strike, fire, accident, theft, crime or any cause which could not have been prevented by Airlie Beach Computers, and which reasonably prevents or retards the delivery of any goods or services. No responsibility shall be attached to Airlie Beach Computers for any delay, default, loss or damage due to the above causes.
12. Miscellaneous
12.1 The Client grants to Airlie Beach Computers a license to use and reproduce all Client Data in order to fulfil its obligations under this agreement. In this agreement "Client Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form.
12.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
12.3 The law in force in Queensland governs this agreement and the transactions contemplated by this agreement.
12.4 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.
12.5 All claims must be made in writing to Airlie Beach Computers within 7 days of receipt of goods or services beyond which no claims, except those that are imposed by statute and cannot be excluded, restricted or modified, can be entertained.
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